The right in Article 5(1) and (2) corresponds to Article 4(1) and (2) of the ECHR, which has the same wording.
It therefore has the same meaning and scope as the ECHR Article, by virtue of Article 52(3) of the Charter. Consequently:

- no limitation may legitimately affect the right provided for in paragraph 1;
- in paragraph 2, "forced or compulsory labour" must be understood in the light of the "negative" definitions contained in Article 4(3) of the ECHR:

"For the purpose of this article the term "forced or compulsory labour" shall not include:
(a) any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention;
(b) any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service;
(c) any service exacted in case of an emergency or calamity threatening the life or well-being of the community;
(d) any work or service which forms part of normal civic obligations."

2. Paragraph 3 stems directly from the principle of human dignity and takes account of recent developments in organised crime, such as the organisation of lucrative illegal immigration or sexual exploitation networks. The annex to the Europol Convention contains the following definition which refers to trafficking for the purpose of sexual exploitation: "traffic in human beings: means subjection of a person to the real and illegal sway of other persons by using violence or menaces or by abuse of authority or intrigue with a view to the exploitation of prostitution, forms of sexual exploitation and assault of minors or trade in abandoned children". Chapter VI of the Convention implementing the Schengen Agreement, which has been integrated into the "acquis communautaire", in which the United Kingdom participates and Ireland has requested to participate, contains the following wording in Article 27(1) which refers to illegal immigration networks: " The Contracting Parties undertake to impose appropriate penalties on any person who, for financial gain, assists or tries to assist an alien to enter or reside within the territory of one of the Contracting Parties in breach of that Contracting Party's laws on the entry and residence of aliens." On 19 July 2002, the Council adopted a framework decision on combating trafficking in human beings (OJ L 203, 1.8.2002, p. 1) whose Article 1 defines in detail the offences concerning trafficking in human beings for the purposes of labour exploitation or sexual exploitation, which the Member States must make punishable by virtue of that framework decision.

Source:

Official Journal of the European Union C 303/17 - 14.12.2007

Preamble - Explanations relating to the Charter of Fundamental Rights:

These explanations were originally prepared under the authority of the Praesidium of the Convention which drafted the Charter of Fundamental Rights of the European Union. Although they do not as such have the status of law, they are a valuable tool of interpretation intended to clarify the provisions of the Charter.

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Article 9 (1) No one may be subjected to forced labour or service. (2) The provision of paragraph 1 shall not apply to: (a) labour imposed in accordance with law upon persons serving a prison sentence or upon persons serving other penalties that take the place of the penalty of imprisonment, (b) military service or some other service provided for by law in place of compulsory military service, (c) service required on the basis of law in the event of natural disasters, accidents, or other danger threatening human life, health, or property of significant value, (d) conduct imposed by law for the protection of life, health, or the rights of others.

Section 4. Trafficking people for exploitation (1) A person commits an offence if he arranges or facilitates the arrival in the United Kingdom of an individual (the "passenger") and- (a) he intends to exploit the passenger in the United Kingdom or elsewhere, or (b) he believes that another person is likely to exploit the passenger in the United Kingdom or elsewhere. (2) A person commits an offence if he arranges or facilitates travel within the United Kingdom by an individual (the "passenger") in respect of whom he believes that an offence under subsection (1) may have been committed and- (a) he intends to exploit the passenger in the United Kingdom or elsewhere, or (b) he believes that another person is likely to exploit the passenger in the United Kingdom or elsewhere. (3) A person commits an offence if he arranges or facilitates the departure from the United Kingdom of an individual (the "passenger") and- (a) he intends to exploit the passenger outside the United Kingdom, or (b) he believes that another person is likely to exploit the passenger outside the United Kingdom. (4) For the purposes of this section a person is exploited if (and only if)- (a) he is the victim of behaviour that contravenes Article 4 of the Human Rights Convention (slavery and forced labour), (b) he is encouraged, required or expected to do anything as a result of which he or another person would commit an offence under the Human Organ Transplants Act 1989 (c. 31) or the Human Organ Transplants (Northern Ireland) Order 1989 (S.I. 1989/2408 (N.I. 21)), (c) he is subjected to force, threats or deception designed to induce him- (i) to provide services of any kind, (ii) to provide another person with benefits of any kind, or (iii) to enable another person to acquire benefits of any kind, or (d) he is requested or induced to undertake any activity, having been chosen as the subject of the request or inducement on the grounds that- (i) he is mentally or physically ill or disabled, he is young or he has a family relationship with a person, and (ii) a person without the illness, disability, youth or family relationship would be likely to refuse the request or resist the inducement. (5) A person guilty of an offence under this section shall be liable- (a) on conviction on indictment, to imprisonment for a term not exceeding 14 years, to a fine or to both, or (b) on summary conviction, to imprisonment for a term not exceeding twelve months, to a fine not exceeding the statutory maximum or to both.Article 4 ECHR is also incorporated through the Human Rights Act 1998

Section 1 Slavery, servitude and forced or compulsory labour
(1)A person commits an offence if—
(a)the person holds another person in slavery or servitude and the circumstances are such that the person knows or ought to know that the other person is held in slavery or servitude, or
(b)the person requires another person to perform forced or compulsory labour and the circumstances are such that the person knows or ought to know that the other person is being required to perform forced or compulsory labour.
(2)In subsection (1) the references to holding a person in slavery or servitude or requiring a person to perform forced or compulsory labour are to be construed in accordance with Article 4 of the Human Rights Convention.
(3)In determining whether a person is being held in slavery or servitude or required to perform forced or compulsory labour, regard may be had to all the circumstances.
(4)For example, regard may be had—
(a)to any of the person’s personal circumstances (such as the person being a child, the person’s family relationships, and any mental or physical illness) which may make the person more vulnerable than other persons;
(b)to any work or services provided by the person, including work or services provided in circumstances which constitute exploitation within section 3(3) to (6).
(5)The consent of a person (whether an adult or a child) to any of the acts alleged to constitute holding the person in slavery or servitude, or requiring the person to perform forced or compulsory labour, does not preclude a determination that the person is being held in slavery or servitude, or required to perform forced or compulsory labour.

Section 2 Human trafficking
(1)A person commits an offence if the person arranges or facilitates the travel of another person (“V”) with a view to V being exploited.
(2)It is irrelevant whether V consents to the travel (whether V is an adult or a child).
(3)A person may in particular arrange or facilitate V’s travel by recruiting V, transporting or transferring V, harbouring or receiving V, or transferring or exchanging control over V.
(4)A person arranges or facilitates V’s travel with a view to V being exploited only if—
(a)the person intends to exploit V (in any part of the world) during or after the travel, or
(b)the person knows or ought to know that another person is likely to exploit V (in any part of the world) during or after the travel.
(5)“Travel” means—
(a)arriving in, or entering, any country,
(b)departing from any country,
(c)travelling within any country.
(6)A person who is a UK national commits an offence under this section regardless of—
(a)where the arranging or facilitating takes place, or
(b)where the travel takes place.
(7)A person who is not a UK national commits an offence under this section if—
(a)any part of the arranging or facilitating takes place in the United Kingdom, or
(b)the travel consists of arrival in or entry into, departure from, or travel within, the United Kingdom.

Section 3 Meaning of exploitation
(1)For the purposes of section 2 a person is exploited only if one or more of the following subsections apply in relation to the person.
Slavery, servitude and forced or compulsory labour
(2)The person is the victim of behaviour—
(a)which involves the commission of an offence under section 1, or
(b)which would involve the commission of an offence under that section if it took place in England and Wales.
Sexual exploitation
(3)Something is done to or in respect of the person—
(a)which involves the commission of an offence under—
(i)section 1(1)(a) of the Protection of Children Act 1978 (indecent photographs of children), or
(ii)Part 1 of the Sexual Offences Act 2003 (sexual offences), as it has effect in England and Wales, or
(b)which would involve the commission of such an offence if it were done in England and Wales.
Removal of organs etc
(4)The person is encouraged, required or expected to do anything—
(a)which involves the commission, by him or her or another person, of an offence under section 32 or 33 of the Human Tissue Act 2004 (prohibition of commercial dealings in organs and restrictions on use of live donors) as it has effect in England and Wales, or
(b)which would involve the commission of such an offence, by him or her or another person, if it were done in England and Wales.
Securing services etc by force, threats or deception
(5)The person is subjected to force, threats or deception designed to induce him or her—
(a)to provide services of any kind,
(b)to provide another person with benefits of any kind, or
(c)to enable another person to acquire benefits of any kind.
Securing services etc from children and vulnerable persons
(6)Another person uses or attempts to use the person for a purpose within paragraph (a), (b) or (c) of subsection (5), having chosen him or her for that purpose on the grounds that—
(a)he or she is a child, is mentally or physically ill or disabled, or has a family relationship with a particular person, and
(b)an adult, or a person without the illness, disability, or family relationship, would be likely to refuse to be used for that purpose.

Section 57 Trafficking into the UK for sexual exploitation (1) A person commits an offence if he intentionally arranges or facilitates the arrival in the United Kingdom of another person (B) and either— (a) he intends to do anything to or in respect of B, after B’s arrival but in any part of the world, which if done will involve the commission of a relevant offence, or (b) he believes that another person is likely to do something to or in respect of B, after B’s arrival but in any part of the world, which if done will involve the commission of a relevant offence. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.Section 58 Trafficking within the UK for sexual exploitation (1) A person commits an offence if he intentionally arranges or facilitates travel within the United Kingdom by another person (B) and either— (a) he intends to do anything to or in respect of B, during or after the journey and in any part of the world, which if done will involve the commission of a relevant offence, or (b) he believes that another person is likely to do something to or in respect of B, during or after the journey and in any part of the world, which if done will involve the commission of a relevant offence. (...)Section 59 Trafficking out of the UK for sexual exploitation (1) A person commits an offence if he intentionally arranges or facilitates the departure from the United Kingdom of another person (B) and either— (a) he intends to do anything to or in respect of B, after B’s departure but in any part of the world, which if done will involve the commission of a relevant offence, or (b) he believes that another person is likely to do something to or in respect of B, after B’s departure but in any part of the world, which if done will involve the commission of a relevant offence. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.

Article 49 Freedom of work shall be guaranteed. Everyone shall choose his employment freely. Everyone shall have access under equal conditions to any position of employment. Forced labour shall be prohibited.

Article 18 (1) No one may be subjected to forced labor, or services. (2) The provision of paragraph 1 does not apply to a) work assigned according to law to persons serving a prison sentence or persons serving other sentence substituting a prison sentence, b) military service or other service laid down by law in lieu of compulsory military service, c) services required on the basis of the law in the event of natural disasters, accidents, or other dangers posing a threat to life, health, or property of great value, d) activities prescribed by law to protect life, health, or the rights of others, e) small community services on the basis of the law.

Article 42(1) Forced labour is prohibited. (2) Forced labour does not include: a) activities of doing the military service, as well as activities performed in lieu thereof, according to the law, due to religious or conscience-related reasons; b) the work of a sentenced person, carried out under normal conditions, during detention or conditional release; c) any services required to deal with a calamity or any other danger, as well as those which are part of normal civil obligations as established by law.

Article 25 (Right to personal integrity) (2) No one shall be subjected to torture or to cruel, degrading or inhuman treatment or punishment. Article 59 (Workers’ rights) (1) Regardless of age, sex, race, citizenship, place of origin, religion and political and ideological convictions, every worker has the right: (a) To the remuneration of his work in accordance with its volume, nature and quality, with respect for the principle of equal pay for equal work and in such a way as to guarantee a proper living; (b) That work be organised under conditions of social dignity and in such a way as to provide personal fulfilment and to make it possible to reconcile work and family life; (c) To work in conditions that are hygienic, safe and healthy; (d) To rest and leisure time, a maximum limit on the working day, a weekly rest period and periodic paid holidays.

Preamble:
‘[...] Having decided upon the adoption of certain proposals to address gaps in implementation of the Convention, and reaffirmed that measures of prevention, protection, and remedies, such as compensation and rehabilitation, are necessary to achieve the effective and sustained suppression of forced or compulsory labour, pursuant to the fourth item on the agenda of the session, and,
Having determined that these proposals shall take the form of a Protocol to the Convention, [...].‘

Preamble:
‘(19) Given its activities at the external borders, the Agency should contribute to preventing and detecting serious crime with a cross-border dimension, such as migrant smuggling, trafficking in human beings and terrorism, where it is appropriate for it to act and where it has obtained relevant information through its activities. It should coordinate its activities with Europol as the agency responsible for supporting and strengthening Member States' actions and their cooperation in preventing and combating serious crime affecting two or more Member States. Cross-border crimes necessarily entail a cross-border dimension. Such a cross-border dimension is characterised by crimes directly linked to unauthorised crossings of the external borders, including trafficking in human beings or smuggling of migrants. That said, Article 1(2) of Council Directive 2002/90/EC (4) allows Member States not to impose sanctions where the aim of the behaviour is to provide humanitarian assistance to migrants.‘

Preamble:
‘(6) Border control is in the interest not only of the Member State at whose external borders it is carried out but of all Member States which have abolished internal border control. Border control should help to combat illegal immigration and trafficking in human beings and to prevent any threat to the Member States’ internal security, public policy, public health and international relations.‘

Preamble:
‘(11) The application of this Regulation should be without prejudice to Directive 2011/36/EU of the European Parliament and the Council (7), in particular as regards assistance to be given to victims of trafficking in human beings.
‘(17) Pursuant to Regulation (EC) No 2007/2004, border surveillance operations coordinated by the Agency are conducted in accordance with an operational plan. Accordingly, as regards sea operations, the operational plan should include specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation, pilot project or rapid intervention takes place, including references to Union and international law regarding interception, rescue at sea and disembarkation. The operational plan should be established in accordance with the provisions of this Regulation governing interception, rescue at sea and disembarkation in the context of border surveillance operations at sea coordinated by the Agency and having regard to the particular circumstances of the operation concerned. The operational plan should include procedures ensuring that persons with international protection needs, victims of trafficking in human beings, unaccompanied minors and other vulnerable persons are identified and provided with appropriate assistance, including access to international protection.‘